Conflict of Interest

Conflict of Interest Definition

Conflict of interest is a situation where there is a conflict of interest of a person who takes advantage of his position and authority (either intentionally or unintentionally) for his personal, family, or group interests so that the mandated tasks cannot be carried out objectively and have the potential to cause losses.

Types of Conflict of Interest

Some types of conflict of interest can be identified as follows :

1. Receiving gratification or giving/accepting gifts for a decision/position;
2. Using State Property and/or position for personal/group interests;
3. Use confidential position information for personal/group interests;
4. Providing special access to certain parties without following proper procedures;
5. In the process of supervision and development, do not follow the procedures because of the influence and/or expectations of the party being supervised;
6. Work outside the main job against the law;
7. Providing more information than specified privileges and opportunities in a way that is against the law for prospective providers of goods/services;
8. Policies from employees who take sides due to influence, close relationships, dependence and/or giving gratuities;
9. Granting permits and/or approvals from discriminatory employees;
10. Appointment of employees based on close relationship/ recompense/ recommendation/influence from other employees;
11. Selection of work partners by employees based on unprofessional decisions;
12. Carry out the commercialization of public services;
13. Carry out supervision that is not following established norms, standards, and procedures due to the influence and/or expectations of the supervised party;
14. Become part of the party who has an interest in something that is assessed;
15. Become a subordinate of the assessed party;

Source of Conflict of Interest

?Various things can be a source of conflict of interest, including:

1. Abuse of authority, namely by making decisions or actions that are not in accordance with the objectives or exceed the limits of the granting of authority granted by the laws and regulations;
2. Concurrent positions, namely employees occupying two or more public positions so that they cannot carry out their roles in a professional, independent, and accountable manner other than those stipulated in the laws and regulations;
3. Affiliation relationship, namely the relationship that the employee has with certain parties, whether due to blood relations, marital relations, or friendship relationships that can influence their decisions;
4. Gratification, namely giving in a broad sense including the provision of money, goods, rebates, commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment and other facilities;
5. Weaknesses of the organizational system, namely conditions that become obstacles to the achievement of the objectives of implementing employee authority due to the existing organizational structure and culture;
6. Personal interests, namely the wishes/needs of employees regarding a personal matter.

Prevention

Regarding the handling of conflicts of interest, there are several basic principles:

1. In carrying out their duties and functions, every employee within the Ministry of Transportation is required to:
   1. Based on applicable laws and regulations, policies and standard operating procedures (SOPs); standard operating procedure .
   2. Based on professionalism, integrity, objectivity, independence, transparency and responsibility;
   3. Does not include elements of personal or group interests;
   4. Not affected by affiliation;
   5. Creating and fostering an organizational culture that is intolerant of conflicts of interest
2. Every employee within the Ministry of Transportation must avoid attitudes, behaviors and actions that may result in a conflict of interest.
3. Whenever there is a conflict of interest, employees within the Ministry of Transportation are required to:
   1. Disclosing the incident or condition of the conflict of interest experienced and/or known to the assignor and/or direct supervisor and/or Head of the Work Unit;
   2. Not participating in related decision-making;
   3. Resign from related assignments.
4. Heads of Work Units and direct supervisors must adequately control and handle conflicts of interest.